What does the QOCS cap represent?

• A. The total amount in money terms of damages, costs and interest awarded to the claimant
• B. The damages alone
• C. The costs alone
• D. The interest alone

Answer: (A)

Under Qualified One-Way Costs Shifting, there is a ceiling on how much the losing party may have to pay in respect of the claimant’s claim. That ceiling is set by the total money value of the claim, meaning the sum of the damages awarded (if any), plus the costs and any interest that would be payable to the claimant. In other words, the cap represents the total amount in money terms of damages, costs and interest awarded to the claimant. If the claim fails, the defendant’s liability for costs cannot exceed this capped amount; if the claim succeeds, the claimant simply receives the damages and costs awarded, with the cap not restricting the recovery in a successful outcome.